Larry Schwartz - El Paso Bar Association

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                                                                  April/May 2012


The Law West of the Pecos
The John F. Cook
v. Tom Brown
Ministries,
et. al case
By Justice Guadalupe Rivera
Page 9



El Paso-a
Crucible for
Judicial Change?
By Clinton F. Cross and Jay L. Nye
Page 11



         Senior Lawyer interview

 Larry Schwartz
           By Clinton F. Cross Page 13


                                         April/May 2012
                       W. Reed Leverton, P.C.
               Attorney at Law • Mediator • Arbitrator
               Alternative Dispute Resolution Services

                          300 eaSt Main, Suite 1240
                             eL PaSo, texaS 79901
                      (915) 533-2377 - Fax: 533-2376
                  on-line calendar at: www.reedleverton.com



Experience: Licensed Texas Attorney; Former District Judge; Over 900 Mediations
       Commitment to A.D.R. Processes: Full-Time Mediator / Arbitrator
        Commitment to Professionalism: LL.M. in Dispute Resolution

        Your mediation referrals are always appreciated.




                                                  Let’s talk
                                                   turkey.
                                            HardieMediation.coM
                                            See our website
                                              calendar and
                                            booking system



                                                                        Bill Hardie
                                                                    Mediator/Arbitrator

                                 April/May 2012
                                                                                                                                           3

                                                              THE PRESIDENT’S PAGE

                                                                                   Lawyers Serve All
             State Bar of Texas
              Award of Merit
        1996 – 1997 – 1998 – 1999
                                                                                   Judge Mo
         2000 – 2001 – 2006-2010
  Star of Achievement 2000 - 2008 - 2010
             State Bar of Texas




                                                                                   J
Best Overall Newsletter – 2003, 2007, 2010
      Publication Achievement Award                                                       udge Morris A. Galatzan was a force of nature.
 2003 – 2005 – 2006 – 2007 – 2008 - 2010
      NABE – LexisNexis Community                                                         He represented everything good about lawyers
& Educational Outreach Award 2007 - 2010                                                  and the practice of law. Judge Mo, as many of
       Bruce Koehler, President                                                      his friends called him, was quick with a joke and a
    Judge Maria Salas-Mendoza,
           President-Elect                                    helping hand. The son of Russian Jewish immigrants, Judge Galatzan
 Randolph Grambling, Vice President
      Laura Enriquez, Treasurer
                                                              proudly served in World War II and was Judge of the 65th District Court
 Judge Alejandro Gonzalez, Secretary                          in the 1950s. In his day, he was known as a top notch trial attorney.
Chantel Crews, Immediate Past President
                                                              However, Judge Galatzan’s importance to me and so many others was not
         2011-2012 Board Members                              the result of his past. He lived very much in present and firmly believed
                Teresa Beltran
              Judge Linda Chew                                that helping people was a basic and ongoing responsibility. He was an
                  Mark Dore
           Judge Eduardo Gamboa
                                                              outstanding example of how attorneys should treat people. He treated the
                 Myer Lipson                                  runner (I had been a runner at my firm before law school) and the janitor
             Denise Butterworth
                Kenneth Krohn                                 just the same as a judge or corporate CEO--with dignity and respect. He
             Raymond Martinez                                 loved people, and he loved being a lawyer. Judge Mo died in 1999, but
                Alberto Mesta
            Jennifer Vandenbosch                              his influence is still felt in countless ways in our bar.
                Yvonne Acosta
               George Andritsos
                 Duane Baker                                    I thought of Judge Galatzan during the Bar’s Civil Trial Seminar, which
           Judge Kathleen Cardone
             Donald L. Williams                               was recently held in Las Vegas. He truly loved getting together with his
                                                              fellow attorneys (and had many stories about those events). The seminar
              Ex-officios
       SBOT Director, District 17                             was a great event with many outstanding speakers. Judge Linda Chew
    EPYLA, MABA, EPWBA, ABOTA,
    FBA, EPPA, El Paso Bar Foundation
                                                              and the CLE Committee did an outstanding job with the seminar. The
               Executive Director                             camaraderie exhibited by the diverse group of attorneys in attendance
                 Nancy Gallego                                was enjoyed by all.
                Editorial Staff
             Clinton Cross, Editor
          Stephanie Townsend Allala                             Please join us for the Bar’s Law Day banquet to be held at the
            Judge Oscar Gabaldon
                Donna Snyder                                  DoubleTree on May 5. Justice Eva Guzman, the first Latina Justice on
“The El Paso Bar Journal is a bi-monthly publication of       the Texas Supreme Court, will be our speaker and we have planned a fun
the El Paso Bar Association. Articles, notices, suggestions   evening. We are grateful that Justice Guzman will be joining us. Yvonne
and/or comments should be sent to the attention of Nancy
Gallego. All submissions must be received by the Bar          Acosta and her Law Day Committee are working hard on this event. We
office on or before the 10th day of the month preceding
publication. Calendar listings, classified ads, display       look forward to seeing you there!
ads, and feature articles should not be considered an
endorsement of any service, product, program, seminar
or event. Please contact the Bar office for ad rates. Ar-
ticles published in the Bar Journal do not necessarily         Bruce A. Koehler
reflect the opinions of the El Paso Bar Association,
its Officers, or the Board of Directors. The El Paso           President
Bar Association does not endorse candidates for
political office. An article in the Bar Journal is not,
and should never be construed to be, an endorsement
of a person for political office.”

                                                                           April/May 2012
4


                       eL PaSo Bar aSSociation
                                  April Bar L uncheon
                                           Tuesday, April 10, 2012
              El Paso Club l 201 E. Main, 18th Floor, Chase Bank - $20 per person, 12:00 Noon
                                               Guest Speaker will be
                  Chief Justice (Ret) Richard Barajas, who will speak on
          The Potential Impact of Border Violence on the Next Generation of Leaders
                      Please make your reservations by Monday, April 9, 2012 at noon
                         at nancy@elpasobar.com or ngallego.epba@sbcglobal.net
                    We anticipate a very large turnout to this luncheon so please RSVP.




                       eL PaSo Bar aSSociation
                                   May Bar Luncheon
                                             Tuesday, May 8, 2012
              El Paso Club l 201 E. Main, 18th Floor, Chase Bank - $20 per person, 12:00 Noon

                                              Guest Speakers will be
                           Rebecca Lightsey, Executive Director of Texas Appleseed,
                                who will speak about school discipline issues;
                                                     and
                            Juana Padilla and/or Diana Quezada, who co-ordinate
                              the El Paso County Attorney’s Teen Court program
                      Please make your reservations by Monday, May 7, 2012 at noon
                         at nancy@elpasobar.com or ngallego.epba@sbcglobal.net


           Articles published in the Bar Journal do not necessarily reflect the opinions of the El Paso Bar Association,
      its Officers, or the Board of Directors. The El Paso Bar Association does not endorse candidates for political office.
    An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office.

                                                         April/May 2012
                                                                                                                                   5


            CAL E NDAR O F E V E N TS
PLEASE NOTE: Please check the Journal
for all the details regarding all above listed        APRiL, 2012                 MAy, 2012                Upcoming Events:
events. If your club, organization, section or        Tuesday, April 3            Tuesday, May 1
committee would like to put a notice or an          EPBA BOD Meeting            EPBA BOD Meeting             JuNE 2012
announcement in the Bar Journal for your               Friday, April 6            Saturday, May 5          Tuesday, June 12
upcoming event or function for the month            EPBA Office Closed      2nd Annual DWI/Drug Court   EPBA Monthly Luncheon
of June, 2012, please have the information              Good Friday                    Classic          Swearing in of 2012-2013
to the Bar Association office by Friday, May           Sunday, April 8            Golf Tournament         Officers & Directors
11, 2012. In order to publish your informa-             Easter Sunday             Saturday, May 5
tion we must have it in writing. WE WILL              Tuesday, April 10      Law Day Dinner & Awards        Sunday, June 17
MAKE NO EXCEPTIONS. We also reserve
                                                  EPBA Monthly Luncheon               Banquet                Father’s Day
the right to make any editorial changes as
                                                      Tuesday, April 10           Tuesday, May 8
we deem necessary. Please note that there is
                                                   Deadline for Law Day       EPBA Monthly Luncheon        Tuesday, June 19
no charge for this service: (915) 532-7052;
(915) 532-7067-fax; nancy@elpasobar.com -           Awards Nominations            Sunday, May 13          EPBA Office Closed
email. If we do not receive your information         Thursday, April 12            Mother’s Day             Juneteenth Day
by the specified date please note that we may          EPYLA Meeting             Thursday, May 17
try to remind you, but putting this journal          Thursday, April 19       EPPA Monthly Luncheon
together every month is a very big task and       EPPA Monthly Luncheon          Monday, May 28
we may not have the time to remind you. So           Saturday, April 28,        EPBA Office Closed
please don’t miss out on the opportunity to      Law Day Chess Tournament          Memorial Day
have your event announced.




                 EPBA/County Holidays
        The El Paso Bar Association and the
     El Paso County Courthouse will be closed
              on the following dates:
        Friday, April 6, 2012 – Good Friday
       Monday, May 28, 2012 – Memorial Day




    Former Assistant Attorney General W. Barton Boling
    on his 80th birthday with former staff and associates
      Gloria Fronterro, David Ferrell, Clinton Cross,
                      and Ana Cortinas


                                                             April/May 2012
6

         Law Day Chess Tournament
            Lawyers and paralegals are           programs in low income school districts, but
               invited to participate in the     any child who is attending school in grades
                Annual Law Day Chess             one through eight, or is home schooled and
                Tournament that will take        in the appropriate age group, may enter the
               play Saturday, April 28, 2012     tournament.
            at the Church of St. Clement,        Participation is free. First and second place
            810 N. Campbell Street (corner       trophies are awarded to the children who
            of Campbell and Montana),            prevail in each category (identified by grade
             from 9:00 a.m. to 12:00 noon.       level). The winners then play the lawyers and
             After competing against each        the paralegals. If they once again prevail, they
             other, the lawyers and paralegals   receive additional recognition in the form of a
           will compete against the children     medal that states “I Beat A Lawyer!”
         who place first or second in their      Pre-registration of lawyers, paralegals, and
         respective age divisions. Most          children is appreciated, but not required. Pre-
         of the children come from low           registration information should be e-mailed
           income school districts because       to: Augustine Valverde at: avalver6@nmsu.
              federal funds provide for chess    edu.

                   THIS TOURNAMENT MEANS A LOT TO THE
                   CHILDREN WHO COMPETE FOR SUCCESS.
                            YOUR PARTICIPATION IS APPRECIATED.



             16th Annual Civil Trial Seminar
                               Thank You
       We would like to thank all of our generous sponsors who made
    the 16th Annual Civil Trial Seminar in Las Vegas, Nevada such a huge
           success. We really could not do it without your support.
                        Thank you to our sponsors:
             Altep, Inc.                               George Andritsos
         Miller & Huseby                          Judge Maria Salas-Mendoza
     Rimkus Consulting Group                     Law Office of Michael Pariente
         Hardie Mediation                                 in Las Vegas
     Law Office of Teresa Beltran                    Judge Alex Gonzalez
                             Judge Eduardo Gamboa

          We would also like to thank our very generous
                     Door Prize sponsors:
         Jeff Ray of Ray, Valdez,                   Veronica Teresa Lerma
        McChristian & Jeans, P.C.                    Donald L. Williams
          Ruhmann Law Firm                           Harbour Law Firm

                               SAVE THE DATE:
                             February, 2013 we will be
                            going back to Las Vegas!!!!


         April/May 2012
                                                                                                                                                        7

                             Over view of administrative
                                law in your practice
                                                              By Janet MonteroS
                                                    Nursing homes
   You may not know it, but you may                                                                    first rendition of the Administrative Procedures
                                                    HMOs
have already been engaged in the practice           Restaurants                                       and Texas Register Act came about in 1975.
of Administrative Law. If you have ever             Psychologists                                     Texas Gov’t Code, §2001 and §2002 Agency
represented an individual in a driver’s license     Lottery commission                                rule making falls within the context of the
suspension or revocation proceeding, an             Insurance agents and insurance companies          legislative function under the APA. The rules
engineer regarding a complaint lodged before        Appraisers                                        promulgated by the various state agencies
her licensing board, a physician before the         Funeral establishments and funeral directors      under the process outlined under the Act are
Texas Medical Board, a nurse before the             Physical therapists                               regularly posted and updated on the Texas
Texas Board of Nurses, or a plumber before          Social workers                                    Secretary of State website. See, http://www.
                                                    Midwives
the Texas Board of Plumbing Examiners, you                                                             sos.state.tx.us/tac/index.shtml. The importance
                                                    Athletic trainers
are practicing administrative law. If you have                                                         of familiarity with the relevant set of agency
represented a business through an alcohol              Government regulation is so pervasive           rules cannot be overstated as outlined in the
permitting process or written a letter on behalf   in today’s world that it is a rare practitioner     following paragraphs.
of client expressing his or her opposition to a    that escapes delving into the practice of
newly enacted agency rule, you have practiced      administrative law during his or her professional       Contested Case Proceedings:
administrative law. As an overview, the            life. This short article will briefly touch on          Simply stated, if your client finds himself
following is just a portion of what the practice   several important aspects in the practice of        involved in disciplinary proceedings due to
of administrative law encompasses:                 administrative law and is not meant as an           issues regarding his licensure, conduct or
                                                   exhaustive delineation of administrative law        application, the process will probably entail
 Administrative hearings before                   topics.                                             his appearance before the State Office of
administrative law judges                                                                              Administrative Hearings if settlement cannot
 Alcohol and Beverage Commission                     Background:                                      be made in an informal settlement conference.
compliance
                                                      Administrative law is federal in origin. See,    This is the area where agencies exercise their
 Agriculture
 Architects
                                                   The Administrative Procedure Act (APA),             judicial function. These adjudicative hearings
 Licensing and regulation of medical              Pub.L. 79-404, 60 Stat. 237, enacted June 11,       are hearings where evidence is heard and based
doctors, physician assistants, chiropractors,      1946, Recodified by Pub. L. 89–554, Sept. 6,        on the evidence and acting in a judicial or quasi-
dentists, nurses, pharmacists, engineers,          1966, 80 Stat. 383 Recodified by Pub. L. 89–        judicial capacity, a determination is made as to
electricians, commercial drivers, plumbers,        554, Sept. 6, 1966, 80 Stat. 383. Additionally,     the rights, duties or privileges of parties before
teachers, realtors, veterinarians, surveyors,      a Model State Administrative Procedures             it. See, Ramirez V. Texas State Bd. of Medical
cosmetologists, barbers, nurses aides as part      Act (MSAPA) was drafted by the National             Examiners, 927 S.W.2d 770 (Tex.App –
of the list of occupational license holders        Conference of Commissioners on Uniform              Austin 1996). This arena can be a quagmire of
 School law and representation of school
                                                   State Laws during that same year. The Texas         unfamiliar terms such as the standard of review
boards and districts
 use, oil & gas tax, business or nexus tax
                                                   version of the Administrative Procedure Act         allowed on appeal, substantial evidence along
 Department of Insurance                          incorporated much of the terms in the earlier       with some similarities to a standard civil practice
 Fitting and Dispensing of hearing                versions of the Model State Administrative          such as motions for summary disposition
instruments                                        Procedures Act. The Texas APA (original             and motions for rehearing. Additionally, the
 Texas Legal representation and appeals           APTRA) was based primarily on the 1961              administrative law practitioner not only has
before state and federally funded agencies         Revised Model State Administrative Procedure        to have a good grasp of the statutory law but
and governmental units.                            Act (MSAPA). See, Dudley D. McCalla,                also possess a familiarity with the agency’s
 Workers’ Compensation                            Comments on Interpretive Rules, Agency              administrative rules. For example in a case
 Public utility
                                                   Interpretations and Reasoned Justifications,        involving a physician, the practitioner will not
 Energy
 Technical schools
                                                   (2011 Advanced Texas Administrative Law             only be dealing with the applicable statute,
 Environmental issues and compliance              Seminar UTCLE – Austin August 25-26,2011),          Tex.Occ.Code Ann. §§152 through 165 but
 Banking and credit unions                        page 1.                                             also the rules that the Texas Medical Board
 Oil & gas                                                                                            has enacted. These rules are available under 22
 Petroleum and refinery issues                       The distinguishing feature governing the         Texas Administrative Code §§161 through 200
 Environmental issues and compliance              practice of administrative law is the principle     (Texas Medical Board rules). The practitioner
 State comptroller tax: sales and use,            that an agency can contain all three powers         will also need to have a good grasp of the
business taxes                                     generally separated between the executive,          administrative rules promulgated by the State
 Accountants
                                                   legislative and judicial branches. In Texas the     Office of Administrative Hearings under 1 Texas

                                                                 April/May 2012
8
Administrative Code §§155 through 167. Any             as claims for injunctive and equitable relief.      for the challenge is based upon the validity or
resort to judicial review will, in most instances,     However, in the practice of administrative          invalidity of the rule, the use of a declaratory
be subject to exhaustion of remedies available         law, the issue of sovereign immunity regularly      judgment action is an appropriate legal vehicle.
through SOAH and the administrative agency             presents itself in the context of challenges to     Combs v. Entertainment Publications, Inc., 292
before appeal to district court. Appeals to district   the authority of state officials. City of El Paso   S.W.3d 712,(Tex.App Austin 2009) As noted in
court will usually take place in Travis county         v. Heinrich, 284 S.W.3d 366 (Tex.2009).             Combs, “the Texas Administrative Procedures
as Travis County is the situs of state agencies.       Rule challenge typically utilizes declaratory       Act (APA), Tex. Gov’t Code Ann. §§ 2001.021-
In summary, a contested case proceeding will           judgment action.                                    .041 (2008), allows a person to challenge the
cover issues relating to agency authority, agency         Under the Uniform Declaratory Judgments          validity or applicability of an agency rule
interpretation of statutes and rules, discovery,       Act, persons “affected by a statute, municipal      pursuant to a declaratory judgment action
due process concerns, jurisdiction issues              ordinance, contract, or franchise may have          if it is alleged that the rule or its threatened
covering sovereign immunity, compliance with           determined any question of construction or          application interferes with or impairs a legal
prerequisites to suit, exhaustion of remedies,         validity arising under the instrument, statute,     right or privilege of the plaintiff. Tex. Gov’t
standing and the right to judicial review.             ordinance, contract, or franchise and obtain        Code Ann. § 2001.038(a). The APA declaratory-
                                                       a declaration of rights, status, or other legal     judgment vehicle of Tex. Gov’t Code Ann. §
    Rulemaking:                                        relations there under.” Tex. Civ. Prac. &           2001.038 is a legislative grant of subject-matter
    As noted before, agencies exercise a legislative   Rem. Code Ann. § 37.004. As outlined in             jurisdiction.” Id at 720.
capacity through rulemaking which can be               the preceding paragraphs, the challenge to
described as a core function of administrative         authority is also couched in terms of challenges       Texas Public Information Act (TPIA) Tex.
agencies. See, Pamela M. Giblin and Carlos             to adopted rules. El Paso Hospital District v.      Gov’t.Code §§552.101-552.148
R. Romo, Rulemaking Update & Outlook, at               Texas Health and Human Services Commission,            Another familiar aspect of Administrative
the 23rd Annual Advanced Administrative Law            247 S.W.3d 709, 714 (Tex.2008).                     Law is the TPIA. The TPIA governs the
Course, Austin, Texas (June 30-July 1, 2011) at           In the context of this type of challenge, the    governmental release of information deemed to
page 1; see also, Texas Gov’t Code,Chapters            suit “must not complain of a governmental           be public. It also provides for over one hundred
2001, 2006 and 2007. Notice and comment                officer’s exercise of discretion but rather         exceptions to the release of information. See,
are requirements in the area of rulemaking so          must allege, and ultimately prove, that the         City of Garland v. Dallas Morning News,
that interested persons be given a “reasonable         officer acted without legal authority or failed     22 S.W.3d 351, 355-56 (Tex.2000). On rare
opportunity” to present their positions on the         to perform a purely ministerial function.”          occasions, a private entity contracting with a
proposed rule. See, Id. The agency response            A suit must not complain of a government            governmental unit, performing governmental
to the comments from interested persons will           officer’s exercise of discretion, but rather        functions could be subject to the TPIA with
allow the agencies to state their “reasoned            must allege, and ultimately prove, that the         regard to disclosure of information. Tex.
justification” for the adopted rule. Texas.Gov’t       officer acted without legal authority or failed     Gov’t.Code §552.002(a)(2)[(a) In this chapter,
Code § 2001.033(requiring a summary of                 to perform a purely ministerial act. City of El     “public information” means information that
comments and reasons why the agency disagreed          Paso v. Heinrich, 284 S.W.3d 366, at 372 (Tex.      is collected, assembled, or maintained under
with submissions and proposals).There is also a        2009). Courts often use the terms “sovereign        a law or ordinance or in connection with
requirement for a takings impact assessment for        immunity” and “governmental immunity”               the transaction of official business: (1) by a
certain actions under 2007.003 which outlines the      interchangeably. However, they involve two          governmental body; or (2) for a governmental
Act’s applicability and rules exempt from takings      distinct concepts. “Sovereign immunity” refers      body and the governmental body owns the
analyses. See, Tex.Gov’t Code §§2007.043. It is        to the State’s and its agencies’ immunity from      information or has a right of access to it.” If
also important to note how an agency arrives at        suit and liability. Wichita Falls State Hosp.       a governmental entity decides to withhold
the final adopted rule as the process of adoption      v. Taylor, 106 S.W.3d 692, 694 n.3, 46 Tex.         any information requested by the public, they
is critical to any judicial challenge of an agency’s   Sup. Ct. J. 494 (Tex. 2003). Governmental           must notify the requestor and forward a letter
rule, with challenges using the declaratory            immunity protects political subdivisions of         to the Texas Attorney General, briefing the
judgment action as a vehicle to bring it before        the State, including counties, cities, and school   issues along with a copy or sample copy of
the district courts. As a reference point, the Texas   districts. Bell v. City of Grand Prairie, 221       the information requested by the requestor. A
Supreme Court in its opinion in El Paso Hospital       S.W.3d 317, 321 (Tex. App. Dallas 2007).            governmental body must ask for a decision
District v. Texas Health and Human Services                                                                from the Attorney General’s office and state the
Commission, 247 S.W.3d 709, 714 (Tex.2008),                A few administrative law practitioners have     exceptions that apply within ten business days
addressed rulemaking and what makes a rule             realized that adding a claim for declaratory or     of receiving the written request for information.
including whether it has general applicability as      injunctive relief when challenging a contract       See . Tex. Gov’t.Code § 552.301(b).; Tex.Att’y
the requirement of general applicability invokes       action, will not allow their client to bypass the   Gen. ORD-00621 (2012).
the formal rule-making process. Id at 715.             sovereign immunity bar to suit and liability.          However, it is noted that judicial records are
                                                       Bell v. City of Grand Prairie, 221 S.W.3rd 317.     not subject to the TPIA, but come within the
   Declaratory Judgment Actions and                    Typically, when the only injury alleged is in the   Rules of Judicial Administration, specifically
governmental waiver of Sovereign immunity              past and the only real remedy is an award of        Rule 12. Any denials of information can
in Administrative Law                                  money damages, a declaratory judgment claim         be appealed to the Texas Office of Court
   The applicability of sovereign immunity             is barred by sovereign immunity. Id. However,       Administration.
can involve tort claims, contract claims as well       in a rule challenge where the primary basis            Texas Open Meetings Act (OMA) TEX.

                                                                     April/May 2012
                                                                                                                                                            9
GOV’T CODE ANN. § 551.001-551.146.                    which they have control. Id. at §§ 1(a)         governmental body differ between the two Acts.
   In the words of Texas Supreme Court Justice,       and (d). Any verbal exchange between a          The practitioner in his or her practice needs
Lloyd Doggett in Acker, in Acker v. Texas Water       majority of the members concerning any          to be aware that although similar definitions
Com’n, 790 S.W.2d 299 (Tex. 1990):                    issue within their jurisdiction constitutes     of governmental body apply, there are some
                                                      a “deliberation.” Id. at § 1(b). When a         differences between the two. The Public
                                                      majority of a public decisionmaking body        Information Act defines a governmental entities
       The Open Meetings Act was enacted              is considering a pending issue, there can       as those supported by public funds (§552.003(1)
    in 1967 for the purpose “of assuring              be no “informal” discussion. There is           (A). However, perhaps to the astonishment of
    that the public has the opportunity to be         either formal consideration of a matter in      some, the Open Meetings Act does not require
    informed concerning the transactions of           compliance with the Open Meetings Act           that a governmental entity be in receipt or
    public business.” Acts 1967, ch. 271,             or an illegal meeting. We have previously       supported by public funds for applicability of
    § 7, 1967 Tex.Gen.Laws 597, 598. It               noted that there is a broad scope to the        OMA. See, Tex. Att’y Gen.LO-98-040, at 2. It
    recognized the wisdom contained in                coverage of the Open Meetings Act and           may be applicable to a client that you did not
    the words of Justice Brandeis that:               a narrowness to its few exceptions. Cox         initially perceive as a governmental entity.
    “Sunlight is said to be the best of               Enterprises, Inc. v. Board of Trustees, 706         In summary, the practice of administrative law
    disinfectants; electric light the most            S.W.2d 956, 958 (Tex.1986). Its breadth         is more commonplace than most practitioners
    efficient policeman.” L. Brandeis,                is consistent with the recommendation           believe. Only a few of administrative law
    Other People’s Money 92 (1914 ed.).               of Woodrow Wilson that “Government              concepts have been covered above. A thorough
    The executive and legislative decisions           ought to be all outside and no inside.”2        familiarity with the particular agency’s statutes
    of our governmental officials as well             Our citizens are entitled to more than          and rules pertaining to your client’s dilemma
    as the underlying reasoning must be               a result. They are entitled not only to         is crucial in your effective representation of a
    discussed openly before the public                know what government decides but to             client in administrative law matters. The best
    rather than secretly behind closed                observe how and why every decision is           way to start your analysis is by accessing the
    doors. In order to effect this policy,            reached. The explicit command of the            pertinent statute(s), applicable administrative
    this statute requires that “every regular,        statute is for openness at every stage of       rules for the agency, any relevant Attorney
    special, or called meeting or session             the deliberations. Accordingly, we have         General opinions on the issue and also
    of every governmental body shall be               demanded exact and literal compliance           accessing, the State Office of Administrative
    open to the public.” Tex.Rev.Civ.Stat.            with the terms of this statute. Smith           Hearings procedural rules under the Texas
    Ann. art. 6252-17, § 2(a) (Vernon                 County v. Thornton,726 S.W.2d 2, 3              Administrative Code and relevant case law.
    Supp.1990). A “meeting” includes any              (Tex.1986).
    deliberation involving a “quorum” or                                                                JANET MONTEROS is an Assistant El
    majority of the members of a governing           The public’s access to government information      Paso County Attorney. She is board certified in
    body at which they act on or discuss          is the fundamental basis for both the Public          administrative law by the Texas Board of Legal
    any public business or policy over            Information Act as well the Texas Open                Specialization. She is also President-elect of the El
                                                                                                        Paso Women’s Bar Association.
                                                  Meetings Act however, the definitions of




                       The Law West Of The Pecos
                                                       By JuStice GuadaLuPe rivera



T
          he Eighth Court of Appeals released     financed, gathered, circulated, and submitted in    2, 2010 election. With that, the committee’s
          its opinion on February 17, 2012        violation of the Texas Election Code. The trial     purpose ended. On June 14, 2011, El Paso City
          in John F. Cook v. Tom Brown            court denied injunctive relief and an accelerated   Council amended the ordinance and restored
          Ministries (TBM), Word of Life          interlocutory appeal followed.                      health benefits to those who would have lost
Church of El Paso (WOL), Tom Brown, (Brown)          Brown, President and Chairman of the             their benefits under the ordinance. In response,
El Pasoans for Traditional Family Values          Board of Directors and Pastor of a non-profit       Brown, WOL Church, and EPTFV joined in
(EPTFV), Salvador Gomez, Ben Mendoza,             corporation, WOL, served as the chairman of         an effort to recall Mayor Cook. On July 18,
Elizabeth Branham and Richarda Momsen,            EPTFV, a specific-purpose political committee       2011, in a social media statement, Brown
in her Official Capacity as El Paso City Clerk    created to secure passage of an ordinance           encouraged the public to call the church to
(Clerk), No. 08-11-00367-CV, 2012 WL              which provided in part, “…El Paso endorses          sign the petition.
525451(Tex. App.- El Paso, 2012). Mayor           traditional family values by making health             On September 12, 2011 Cook filed suit
John F. Cook sought to enjoin the use of recall   benefits available to city employees and their      seeking a temporary restraining order, injunctive
petitions for a recall election alleging the      legal spouse and dependent children.” The           relief and a declaratory judgment, stating that
petitions had been knowingly and improperly       ordinance was approved at the November              efforts to initiate a recall election are not

                                                                April/May 2012
10
exempt from Texas campaign finance laws
and that TBM, EPTFV, and the other appellees
violated provisions of the Election Code in the
circulation and submission of recall petitions.
The trial court issued a TRO enjoining any
further circulation of petitions and scheduled
an injunction hearing. The following day a
motion to dissolve the TRO was filed and a
day later the court dissolved the portions of
the TRO that enjoined the circulation of recall
petitions and ordered the City Clerk to accept
all original recall petitions. The trial court noted
that Cook might be “absolutely right” that fraud
and illegality may have taken place and asked
whether the trial court had the power to stop
an election to thwart the rule of the public.          Election Code entitled him to injunctive relief to       represent core First Amendment activity and
In response, Cook argued that under Section            prevent the violation from continuing or occurring.      fall within the protection of Citizens United.
253.094 (b) the court could enjoin illegal acts        The court noted that although the decision to            However, in a post-Citizens United case, the Texas
and that he was not seeking to enjoin an election      grant or deny a temporary injunction rests within        Court of Criminal Appeals determined that the
or contest election results.                           the trial court’s discretion, the trial court has no     creation of a corporate political committee for
    The court explained that although it wanted        discretion in determining what the law is or in          soliciting contributions and making expenditures
to give meaning to Section 253.094(b), the will        applying the law to the facts. Where the facts           affords sufficient avenue for corporate free
of the people was more important. Not wanting          definitively indicate that a party is in violation of    expression. In re Ellis, 309 S.W.3d 71, 91. Relying
to thwart the will of the people, the court noted      the law, a trial court no longer possesses discretion    on Ellis, the court stated, “… the Election Code
it would force Cook to have a subsequent court         but must enjoin the violation.                           has not and does not prohibit any and all corporate
determine whether the recall election had been            Texas Election Code Section 253.096 restricts a       contributions in connection with recall elections.
void from its inception should illegality, fraud,      corporation from making a campaign contribution          It merely prescribes the parameters under which
or irregularity be found.                              from its own property in connection with a               contributions may be made.”
    Cook filed for emergency temporary relief with     measure-only election unless the contribution                The court reasoned, “ But for the trial court’s
the Eighth Court of Appeals and on October 3,          is made to a measure-only committee. Section             acquiescence to the ‘will of the people’, the
2011 the court dismissed the mandamus petition         253.094(b) prohibits a corporation from making           improper dissolution of relevant portions of the
as moot because the temporary restraining order        political contributions in connection with a recall      temporary restraining order and the denial of
had expired by its own terms.                          election, including the circulation and submission       injunctive relief, the certification would not have
    Evidence presented at the temporary-injunction     of petitions to call an election and Section             occurred and the election would not have been
hearing established that EPTFV was formed in           251.001(2) defines “contribution” to include             called. Because the matter was one that could
2010 as a specific-purpose political committee.        a direct or indirect transfer of money, goods,           have and should have been judicially resolved
In July 2011, EPTFV filed a change of treasurer        services, or any other thing of value.                   in time for the proponents to correct deficiencies
to Ronal Webster and a change of address but did          WOL Church, a corporation, used its website           without delaying the election, injunctive relief
not change the committee’s original purpose of         to ask for volunteers to circulate recall petitions.     was the proper remedy to prevent violations
supporting a traditional-family-values measure, to     The website provided an electronic entry form            from continuing or occurring and [this] was not
one supporting, opposing, or assisting a candidate,    whereby anyone who desired to circulate a recall         an election contest.”
officeholder, or other measure, nor did it make        petition could register. The website also listed             The court’s denial of injunctive relief was
provisions for a new election date. EPTFV did not      the addresses where recall petitions were located,       so arbitrary that it exceeded the bounds of
file reports regarding contributions, expenditures,    which included WOL Church, other corporations,           reasonable discretion. The court determined that
or loans. EPTFV was involved in the recall effort      a business and an individual. WOL made its               the error related back to the time of the improper
and had spent more than $3,000 in support. No          facility and personnel available to assist in the        dissolution of the TRO, prior to the presentment
other appointment of treasurer or creation of a        signing and circulation of the recall petitions.         and certification of the petitions, thus all recall
specific-purpose committee was ever made. The          The court concluded that WOL made campaign               petitions submitted to City Council were illegal
trial court denied Cook’s request for injunctive       contributions in connection with a measure-              and invalid. The court concluded the use of the
relief and the recall election was subsequently        only election in the absence of a measure-only           illegally procured petitions caused Cook harm
scheduled for April 14, 2012.                          committee and it made political contributions in         and he was entitled to injunctive relief. The
    In seeking injunctive relief, Cook relied on       connection with a recall election including the          court reversed and rendered and ordered the
Section 273.081 of the Election Code and he            circulation of petitions in the absence of a political   City Clerk to decertify and return the recall
was not required to establish the common law           committee.                                               petitions.
injunctive relief elements of imminent harm or            Appellees relied on Citizens United v. Fed.
irreparable injury and lack of adequate remedy at      Election Comm’n ,___U.S.___,___ 130 S.Ct. 876,
law. Under Section 273.081 a showing of harm           175 L.Ed.2d 73 (2010), to argue that the circulation       Justice Guadalupe Rivera is an Associate
or danger of being harmed by a violation of the        and submission of recall petitions by corporations         Justice of the 8th Court of Appeals.


                                                                       April/May 2012
                                                                                                                                                     11

    El Paso-a Crucible for Judicial Change?
                                                    By cLinton F. croSS and Jay L. nye




F
          or many months we have been shocked                                                          the criminal justice system in dramatic ways.
          by the arrest of one public official                                                         It may represent the most significant change in
          after another, and by the conviction                                                         the traditional criminal court model in history,
          of others. In the midst of the daily                                                         focusing on rehabilitation and the cause of
headlines, we should remind ourselves that                                                             the offending behavior--rather the offending
there are public officials and employees doing                                                         behavior itself, and on punishment that may
their best to serve the public. Indeed, in the                                                         temporarily protect the public or perhaps
legal field El Paso has led the nation in the                                                          more important satisfy the victim’s need for
development and advancement of a number of                                                             revenge.
important initiatives.                                                                                    El Paso Judges and attorneys are beginning
    An example of this important but largely                                                           to be recognized as leaders in the movement
unheralded work lies in the development and                                                            to reform the system. In 2009, Deputy County
use of Drug Courts in the criminal justice                                                             Public Defender Jay Nye was elected to the
system. The first criminal Drug Court program                                                          Board of Directors of the Texas Association
in El Paso was launched in 2001, and was                                                               of Drug Court Professionals (TADCP). In
administered by Judge David Guadarrama.                                                                that year, Judge Robert Anchondo was elected
Judge Patrick Garcia established the Substance                                                         Vice President of TADCP. In 2010 TADCP
Abuse Punishment Facility program (SAFPF)                                                              held its state conference in El Paso. In 2010
for the 384th District Court in 2003. Judge                                                            Judge Anchondo was elected President of the
Robert Anchondo followed suit, creating the                                                            organization, and took office in 2011.
first D.W.I. Drug Court program in the State                                                              TADCP provides training and assistance
of Texas.                                                                                              to judges, attorneys, counselors, probation
    Since then other Drug Courts have been                                                             officers, and law enforcement officers working
established. Judge Sam Medrano oversees a                                                              with Drug Courts. As a result, TADCP is also
dual track juvenile Drug Court, with separate                                                          an advocate for reforming the criminal justice
court hearings for boys and girls. Federal         In traditional criminal courts, judges are strict   system, at least in responding to drug related
Judge Montalvo supervises a re-entry Drug          parental authority figures who preside over         offenses.
Court program. Judge Lawrence Lujan with           adversarial hearings that sometimes “punish’           El Paso judges and lawyers are providing
the Tiguas also has a Drug Court program. In       offenders by sending them to jail or prison.        leadership in this arena that is now reaching
addition to the SAFPF program, Judge Garcia        The judge’s role in a Drug Court proceeding         beyond the borders of our nation. Responding
also supervises the adult criminal Drug Court      is more like that of a therapist—a caring,          to an invitation from members of the Bar
program. Judge Angie Barrill is in the process     non-judgmental parental figure; provided, of        in Ecuador, for instance, Judge Anchondo
of creating a veterans treatment court.            course, the offender complies with the treatment    recently traveled to that country to address
    Judge Guaderrama described the Drug Court      program.                                            judges and other members of the Ecuadoran
concept in an article in the El Paso Bar Journal      Treatment of drug offenders, as in many          legal community regarding the advantages of
in September, 2009 as follows:                     other endeavors, is the result of a coordinated     therapeutic jurisprudence.
                                                   team effort. The rehabilitation program is             The judicial response to drug related crimes
      “Drug Court is a concept based               intensely administered by a team composed           is part of a larger debate about whether or not
   upon the idea espoused by the medical           of the court, staffed with assistants trained in    to legalize minor amounts of drug possession
   community that therapeutic treatment            the treatment of substance abuse, the district      and, if so, how to do so. While it may be too
   is more effective than incarceration            attorney’s office, the public defender’s office,    soon to predict how these inter-related debates
   and the other tools of traditional courts.      the probation department, and the sheriff’s         will be ultimately resolved, it is clear that El
   Drug Courts should not be confused for          office and the police department.                   Paso judges and lawyers are contributing to the
   their counterparts in the battle against           Drug courts save taxpayers’ money because        discussion in many significant ways.
   drug abuse, the Drug Impact Court. A            offenders remain in the local community with
   Drug Impact court targets major drug            their families and must maintain employment in
   dealers. A Drug Court targets addicts           order to participate in the program. It has been
                                                   demonstrated that taxpayers spend less money           CLINTON CROSS is an Assistant County Attorney
   and abusers.”
                                                   on drug court programs than on incarceration,          responsible for prosecuting criminal Deceptive
                                                                                                          Business Practice cases.
                                                   especially when recidivism is factored into the
                                                                                                          JAY L. NYE is a Deputy El Paso County Public
   “Drug Courts” dramatically change the           equation.                                              Defender.
nature of the judge’s role in judicial hearings.      The Drug Court movement has transformed

                                                                 April/May 2012
12

            SOLACE: Lawyers
            helping lawyers in
            the face of tragedy
                                  By KriStin M. connor




O
             n April 19, 2012, the Honorable       needing to travel out-of-state for a life-saving
             Jay C. Zainey of the Eastern          organ transplant. The SOLACE network
             District of Louisiana will be at      was activated in the aftermath of Hurricanes
             the El Paso Club to discuss a         Katrina and Rita to recruit volunteers and
program he helped begin in Louisiana to            services for relief efforts as well as to help
support attorneys and legal professionals          a displaced New Orleans legal services
facing difficult personal tragedies: SOLACE.       attorney set up elsewhere to continue serving
SOLACE stands for Support of Lawyers/              his clients.
Legal Personnel-All Concern Encouraged.               SOLACE programs exist in other states,
Since 2002, SOLACE has facilitated the             and several chapters of the Federal Bar
Louisiana legal community reaching out in          Association (FBA) are considering starting a
a small, but meaningful and compassionate          SOLACE program after the FBA’s president,
way, to judges, lawyers, court personnel,          Ashley L. Belleau, encouraged all FBA
paralegals, legal secretaries and their families   Chapters to join this very important project,
who experience a death or some catastrophic        thus expanding the possible impact of the
illness, sickness or injury. The program           SOLACE network. Please join the El Paso
creates a notification system of such tragedy,     Chapter of the FBA at the El Paso Club on
and then SOLACE responds with the                  April 19, 2012, to learn more about SOLACE
appropriate support.                               from Judge Zainey.
    In Louisiana, the SOLACE network has
grown to more than 5,000 legal professionals         KRISTIN CONNER is an Equal Justice Works
who are quickly accessible by email, and the         Fellow at the Diocesan Migrant & Refugee Service,
network has assisted more than 500 individuals       and an El Paso attorney specializing in immigration
and families. The assistance provided ranges         law. She is also President-elect of the El Paso
from a condolence card to a grieving family          Federal Bar Association.
to immediate air transportation for an attorney


                   Federal Bar Association – El Paso Chapter invites
                           you to the following presentation:

                     SOLACE Program
     Presenter:                                              1.0 hr Ethics CLE pending
     The Honorable Jay C. Zainey,
     United States District Judge                            Cost: $20 for FBA members;
                                                             $25 for non-FBA members
     Thursday, April 19, 2012
                                                             Due at the program; checks
     12:00 p.m. – 1:00 p.m.                                  payable to
     El Paso Club, 201 E. Main Street, 18th floor            “FBA El Paso Chapter”

                           RSVP by April 13 to Kristin Connor at
                    kristinconnor@gmail.com or 915-532-3975 ext. 240



                                                                     April/May 2012
                                                                                                                                                        13
                                                     Senior Lawyer interview

                                       Larry Schwartz
                                                                By cLinton F. croSS

    CROSS: Tell me about your childhood.                                                                   Duncan, Ray Pearson, Tom Diamond, Joe
    SCHWARTZ: I was born in Chattanooga,                                                                   Calamia, Albert Armendariz, Sr., Don Studdard
Tennessee. My parents were Polish immigrants.                                                              and others. I have benefited greatly by my
My mother came into the U.S. through Mexico                                                                involvement in the Family Law Section of the
and entered the U.S. through New York.                                                                     State Bar of Texas, where I have met other
My father came directly from Poland to the                                                                 great lawyers. The involvement in the State
U.S. My parents met in New York City, and                                                                  Bar activities and CLE has been instrumental in
married there and lived in Brooklyn. They                                                                  furthering my legal education and sharing ideas
moved to Tennessee to start a grocery store                                                                and concepts with those other lawyers. As a
business. I had two brothers; the one who is                                                               result of my involvement with the State Bar and
still alive, a CPA and a lawyer is practicing in                                                           the networking with other lawyers across the
Los Angeles.                                                                                               State I was able to build a quality family law
                                                                                                           practice. I have handled many complicated
   CROSS: Wife?                                                                                            family law cases, including custody cases,
   SCHWARTZ: My wife Dani is a speech                                                                      and complex property disputes. I have also
pathologist with the El Paso ISD. She has been                                                             throughout my career handled numerous pro
the light of my life.                                                                                      bono, sometimes referred to me by the legal
                                                                                                           aid office.
   CROSS: Children?
   SCHWARTZ: I have four children, three                                                                       CROSS: Public service, if any.
boys and one girl. My youngest son Mark lives                                                                  SCHWARTZ: I served on the board of
in Ft. Worth, has a law degree, and is working                                                              directors of the El Paso Legal Assistance
for Baker, Botts computerizing discovery             Judge Advocate at Ft. Bliss. I served in the army     Society for a number of years, and I am proud
in litigation cases. My middle son David is          for three years, attained the rank of Captain, and   of that service. When I was elected to the
a lawyer/CPA is retired, living in Kauai, but        then went into the reserves.                         board there was considerable opposition to the
continues to do consulting work in securities                                                             federally funded legal services program. I was
compliance. My oldest son Mike is a CPA and             CROSS: What did you do next?                      proud of the service that the society rendered,
is comptroller of Riviana Foods in Houston.             SCHWARTZ: When I left the service, I              providing legal services to people who otherwise
Mike’s wife Romi Schwartz is a lawyer, working       joined the firm of Diamond, Thorne, and Leslie.      could never get justice. I also served on the board
for legal aide. My daughter Jeanne teaches           I handled criminal, family, commercial and real      of El Paso Family Services and numerous State
history and government at Irvine High School.        estate cases. After seven years, Bob Earp and I      Bar boards and committees.
I have seven grandchildren, six boys and a girl.     left the firm and started our own firm. Shortly
                                                     after starting the firm, I was among the original       CROSS: Any advice for young lawyers?
   CROSS: Where did you go to school?                ninety-nine lawyers certified in Family Law by          SCHWARTZ: If I were a young lawyer
   SCHWARTZ: I went to public schools                the Texas Board of Legal Specialization. Some        starting out, knowing what I know now, and
in Chattanooga, Tenn. I went to college at           of the other lawyers in the Diamond firm when        I wanted to do family law, I would urge the
the University of Tennessee at Chattanooga,          I was there included Alan Rash, Bart Boling,         lawyer to get involved in the State Bar’s Family
majoring in accounting and received a Bachelor       Larry Baskin, Richard Buck, Nelson Smith, Bob        Law Section, and continue to study the law and
of Science degree in Business Administration. I      Earp and Johnny Searles. In the Schwartz and         recent developments in the law. The State Bar’s
went to law school at the University of Cincinnati   Earp firm, lawyers included David McClure,           CLE programs are among the best in the United
and while there the University of Cincinnati won     Gene Semko, Michael Cohen, Gordon Stewart            States. The courses may be expensive, but the
two NCAA basketball championships and when           and Jeff Minor.                                      benefits far out-way the costs. In this adversarial
I got to El Paso Texas Western College won the                                                            and competitive business, the lawyer who keeps
NCAA basketball championship.                            CROSS: Tell me a little bit about your legal     abreast of a constantly changing body of laws
                                                     career?                                              will end up prevailing over the lawyer who does
   CROSS: After you graduated, what did                  SCHWARTZ: I have been blessed in my              not do so.
you do?                                              legal career by being surrounded by outstanding
   SCHWARTZ: After I graduated, I received a         lawyers, on both sides of the docket. I have           CLINTON CROSS is an Assistant County Attorney
commission in the U.S. Army as a first lieutenant.   tried cases with or against Royal Ferguson,            responsible for prosecuting criminal Deceptive
I was then assigned to the office of the Staff       Dick Shinout, John Grambling, Bill and Jack            Business Practice cases.


                                                                   April/May 2012
14

                         ADVANCE SHEET, circa 1522 ~1525
                                                                By charLeS Gaunce
   urmeston’s Case:                                 confident that a person planning an incestuous          his death, thereby effectively removing it from
   King’s Bench, before 1525, c. 1522 or later:     marriage might be counseled by others, if that          his estate. But the court clearly discusses this
cases cited in Gray’s Inn after 1 Oct. 1522         was the relationship the case is discussing, then       grant in terms of a gift. A gift, if I remember my
                                                    the ruling would be about something entirely            property class correctly, requires donative intent,
                                                    different than discussing the possibility of life       delivery, and acceptance. The donative intent
         If someone grants the next advowson        estates in powers of appointment.                       requires an irrevocable surrender of control
     to another, and he grants it [over] to            So, what is an advowson? Black’s is helpful          over the item given. Somewhat less than that
     someone else if it should happen to            on this point and states: “Eccles. law. The             is conveyed here, unless the court assumes that
     fall vacant during the lifetime of the         right of presenting or nominating a person to a         the third person receiving the appointment is
     first grantee, it seems this is a good         vacant benefice in the church.” It is interesting       someone other than the grantor, or his heirs. If
     grant. And John Hales, Baron, said             to note that the determination of a point of            the power of appointment reverts to the grantor
     that Fyneux [C.J.] held that where             ecclesiastical law was being decided by the             or his heirs upon the death of the first grantee,
     someone said to a person who was to            King’s Bench, rather than the ecclesiastical            then there has been no “irrevocable surrender of
     marry his daughter, ‘All these jewels          court, a few years before Henry VIII decided            control,” and there is no gift.
     I will give to you, but I myself shall         that his word should be the final word in things            Clearly, my musings on a very old case
     have them during my lifetime’, this            of a religious matter. History tells us that            are not going to determine the outcome of the
     was a good gift even though the donor          Henry did not start to become disenchanted              Republic, but there is a take-away from this
     was to have them during his lifetime.          with Catharine of Aragon until 1525, and that           case that is still important to us today.
     It is like the case of Robert Urmeston,        the break with Rome didn’t really get heated                “Rex non potest peccare,” translates as “The
     where someone said these words to              until 1532. So why was this case before the             King can do no wrong.” This statement usually
     him, ‘I will give you this gown of mine        King’s Bench? Or was the ability to appoint a           applies to the concept of sovereign immunity
     if I die before you’, and he died while        church official viewed as a property right to be        and means the sovereign is immune from civil
     Urmeston was alive, and several in the         determined in civil court?                              suit and criminal prosecution. But what appears
     Exchequer held this a good gift.                  Next point: What is a gift? The case discusses       to me from the court’s actions in the noted
                                                    the ability to transfer the right to appoint a church   case, is an unspoken extension of the concept
   No wonder the study of law can be so             official held by one person to a second person,         of sovereign immunity to the King’s friends:
confusing. I mean aside from getting lost in        and thence to yet a third person upon the death of      The King (and his friends) can do pretty much
the pronouns. In the quoted passage, how            the second person. Essentially creating a lifetime      anything they want.
many of you had to think about the statement,       power of appointment in the second person and
“someone said to a person who was to marry his      shifting the power to another at death. Clearly the       CHARLES GAUNCE is the Legal Reference
daughter?” Does the pronoun “his” refer to the      person receiving the life tenure of the power has         Librarian at the University of Texas at El Paso
“someone,” or to “a person?” While I am fairly      no ability to further convey the power beyond




     HELP!
                                                   The editors of the El Paso Bar Journal solicit     legal community in El Paso and wherever
                                                  your contributions dealing with substantive         the inter-net may travel. If issues of
                                                  legal subjects or issues. We believe the            confidentiality are involved, the work usually
                                                  interests of El Paso lawyers and law firms          can be sanitized to comport with ethical
                                                  will be advanced by the publication of at           requirements, while at the same time sharing
                                                  least one or two articles in every Journal issue    your hopefully brilliant work with the larger
                                                  dealing with legal subjects and issues, such        broader community.
                                                  as the article by Janet Monteros published in
                                                  the Journal’s April/May, 2012 issue.                Articles should be submitted by e-mail to
                                                                                                      Nancy Gallego, Executive Director
                                                  Good articles, of course, take time,                of the El Paso Bar Association, at
                                                  thorough research and clear writing. In             nancy@elpasobar.com. They must be
                                                  some instances, however, the research may           submitted at least one month prior to the
                                                  be a product of your daily legal work--             proposed publication date, and they should
                                                  researching an issue or writing a brief. We         not exceed 2,500 words unless the article is
                                                  invite you to share your work with the              to be published in more than one issue.




                                                                   April/May 2012
                                                                                                                                                                    15

                          Diligence:
        A Mark of Excellence                                                                                                       Name: Antonio Rodriguez
                                                                                                                                   Court: Associate Judge Title
                    By JudGe      oScar G. GaBaLdón, Jr., cwLS                                                                     IV-D Court, Child Support
                                                                                                                                   years on the Bench: Four (4)
    “The liberties of our country, the freedom      nothing less than excellent.                                                   years, appointed by Presiding
of our civil constitution are worth defending           In professions, like that of the lawyer,                                   Judge Steve Ables on March 10,
at all hazards; and it is our duty to defend        diligence is golden. Being a diligent lawyer                                   2008
them against all attacks. We have received          means that the lawyer must constantly keep                                     years in practice: Licensed in
them as a fair inheritance from our worthy          abreast of developments in the law, must                                       State of Texas November 1978;
ancestors: they purchased them for us with          return the calls of clients on a reasonable                                    Western District and Court of
toil and danger and expense of treasure and         and timely basis, must consistently keep               Antonio Rodríguez Appeals.
blood, and transmitted them to us with care         his or her clients fully informed about their                                 Education: UTEP B.A. 1975
and diligence. It will bring an everlasting         cases, and must make every effort to make           Catholic University of America, Columbus School of Law,
mark of infamy on the present generation,           sure that his or her calendaring is handled in      Washington D.C. J.D. 1978
enlightened as it is, if we should suffer them      such a way so that they are prepared, ready,        your view of the role of the court system in our society:
to be wrested from us by violence without           and on time to scheduled court hearings,            To preserve the rights afforded under our system of laws
a struggle, or be cheated out of them by            appointments, and other commitments.                to all persons; to provide a forum for a speedy resolution
the artifices of false and designing men.”          Abraham Lincoln recognized this all too             of conflicts; and to protect the right of access to our court
When these words of Samuel Adams (1722-             well. He said: “The leading rule for the            system. Many of the parties appear pro se before the court
1803) were published in 1771, they vividly          lawyer, as for the man of every other calling,      and I strive to make sure all are respected and given an op-
portrayed the essence of diligence. His             is diligence. Leave nothing for tomorrow            portunity to address the Court.
words captured the spirit of what diligence         which can be done today.”                           What characteristics and qualities are important to be a
entails: passion, commitment, dignity, and              When a person is not diligent, often            judge? To be an active and patient listener, make proper and
staunch determination to bring and maintain         times this is indicative of a lack of               prompt rulings and make sure that attorneys and pro se liti-
a vision to fruition.                               consideration for others. A lack of diligence       gants are given a reasonable opportunity to present their case.
    Hence, pursuing our tasks, dreams, or           is sometimes associated with individuals            What motivated you to become a lawyer? A judge?
goals earnestly and with unwavering focus           that have disregard for other people’s time,        I was motivated by a sense of public service and that by
is critical to the virtue of diligence. Diligence   other people’s interests, or other people’s         becoming a lawyer I would be able to assure that parties
includes the ability to be careful, while at the    needs. These people are usually late to             have access to the courts to resolve problems.
same time, to seek excellence in whatever           engagements, often cannot be trusted to             Describe a day when, as lawyer, judge, or justice, you
it is we desire to accomplish or achieve.           come through for others, will not be willing        felt particularly proud or satisfied. There are several in-
When we are diligent, we are consistently           to place the interests of others over their         stances over the years where I assisted persons in protecting
determined to resourcefully pursue and              own, and are generally considered to be             their homes from foreclosures when I was an Attorney with
make our objectives become reality.                 unreliable and untrustworthy.                       Legal Aid. I assisted victims of family violence to obtain
Diligence is the sister of perseverance and             Diligence, therefore, is a key characteristic   protective orders when I was in the County Attorney Of-
tenaciousness, for they are all rooted in and       of the person that is dependable and                fice. When I was with the Attorney General’s Office I was
given birth by steady and energetic effort.         responsible. It is an honorable quality that        able in one case to obtain a lump sum payment of $64,000
It is diligence that often helps to turn what       often places people in a positive light and         in a child support that had been owed for several years. As
seems impossible to become possible.                in high regard. Diligence is a necessary            a Judge I have been able to resolve conflicts between long
    This treasured quality propels men and          ingredient for a person that truly values the       time dueling parties, getting them to sit down together and
women to be timely to their engagements.            road to success and achievement. In more            resolve their differences for the sake of their children.
It gives them the impetus to “hang in”              eloquent words, perhaps Spain’s celebrated          What is your favorite book or movie? Any classical or
no matter how trying and challenging                writer, Miguel De Cervantes (1547-1616),            mystery book, such as To Kill a Mockingbird. Movies:
doing that may be. Diligence manifests              says it best: “Diligence is the mother of           Casablanca, Raging Bull. Any De Niro movie.
itself when we proactively tackle and               good fortune, and idleness, its opposite,           What is your favorite way to spend free time? I like to
complete everyday routine tasks, such as            never brought a man to the goal of any of           spend time with family, gardening and walking our dog.
timely returning telephone calls, timely            his best wishes.”                                   Listening to music – all kinds – classical, opera.
submitting assignments, timely making                                                                   Tell us about your family. My wife is a retired school
decisions, timely tending to important                OSCAR GABALDÓN is an Associate                    teacher who continues to mentor and assist teachers at
matters, and timely responding to the needs           Judge of the 65th District Court responsible      her school and church activities. I have two wonderful
of others. Diligence helps us to persevere            for overseeing the trial of Child Abuse and       daughters. Both live out of town pursuing their careers. My
until the end in adhering to and completing           Neglect cases. He is certified by the National    youngest is pursuing her Master’s Degree at Texas A&M.
                                                      Association of Counsel for Children as a Child
responsibilities; and, doing so with a solid                                                            Go Aggies!!
                                                      Welfare Law Specialist (CWLS).
commitment to achieve outcomes that are

                                                                           April/May 2012
16

       Start up Kit for a Small Law Practice
           By david J. FerreLL                        1. Marketing                                       * Health, Disability and Life Insurance:
           djf@elpasolaw.com                          2. Production                                   State Bar Insurance Trust




O
                                                      3. Personnel                                       8. Acquire Legal Resources
             ver the years I have been on             4. Systems and Technology                          * Texts, reports, digests, periodicals
             various Texas Bar Committees             5. Communications                                  * C o m p u t e r r e s e a r c h ( We s t L a w,
             and I think the most rewarding           6. Finance & Budget                             LexisNexis)
             adventure was the Law Practice                                                              * MyTexasBar.com (FindLaw)
Management Committee. Besides providing               C. implement your plan                             9. Arrange for Services
many CLE programs, Webinars and papers,               1.Write up Partnership or SpaceSharing             * Process Server
the committee set up a program to visit all the    Agreement                                             * Investigator
Texas law schools once a year and provide             2. Acquire Space                                   * Courier
third year law students with practical pointers       * Location                                         * Court Reporter
on “Law Practice”. We also published articles         * Layout, including wiring for equipment           * CPA
on the Texas Bar Law Practice Management              * Lease details                                    * Accounting Staff/ Clerical Support Staff
BLOG ----> (http://lpmnewsletter.blogspot.            * Signage                                          10. Court Information
com) which covered many relevant topics for           3. Acquire Furniture                               11. Develop PaperHandling Systems
rookies and long established lawyers on how           * Lawyer                                           * File opening
to run “the office”.                                  * Secretary                                        * Filing
                                                      * Client areas (reception, meeting room)           * Mail, FAX, and deliveries
   I have been off the LPM committee for              * Filing cabinets, safe                            * Phone messages
almost a year but I stay in touch with the            4. Acquire Supplies                                * Receipt journals for incoming monies,
lawyers that still provide their insight and          * Paper supplies (stationery, envelopes,        client documents and property
articles for the Texas Bar. Probably the best      business cards, note pads, telephone message          * Log for outgoing client documents and
article on law firm start up is appropriately         pads, postit pads, etc.)                        property
named, “START UP KIT FOR A SMALL LAW                  * Other supplies (paper clips, scissors, tape      12. Develop Client and File Information
PRACTICE”. A PDF copy of this 117 page             dispensers with tape, staplers, staples, staple    Systems
article is downloadable from this link ---->       removers, pens, pencils, erasers, calculators,        * File index or data base
(http://www.elpasolaw.com/new_page_17.             computer disks, letter openers, hole punch,           * Client index or data base
htm)1. Go to the bottom of the webpage and            book ends, etc.)                                   * Conflict of Interest Procedures
click on Law Practice Management Handout.             5. Acquire Software                                13. Develop Time Management Systems
The PDF table of contents has links to the many       * Word processing                                  * Dual calendar for appointments and
articles. The checklist follows:                      * Time and billing                              appearances, etc.
                                                      * Accounting                                       * File calendaring system
                                                      * Calendaring / Docket control                     * Limitations and deadlines system
   Small firm law practice startup                    * Conflict checking                                * Timekeeping
checklist                                             * Client and file information                      * Case planning
   This checklist addresses only those matters        6. Acquire Equipment                               14. Start Policies and Procedures Manual
that are basic when opening a new small law           * Computers, printer, modem, network,              15. Develop Systems for Legal Procedures
practice. The items listed under each heading      backup                                                * (e.g., real estate checklists)
are not intended to be exhaustive. Not all items      * Costrecovery devices                             16. Develop Personnel Policies
or headings apply to every practice startup. The      * Telephone                                        * Job Descriptions
Law Practice Management Program’s staff is            * Facsimile                                        * Salaries and benefits
available to provide further help and assistance      * Copier (with collator, document feeder)          * Workplace policies
to deal with any of the issues mentioned here,        * Postage scale, meter                             * Confidentiality policy
or with practice startup in general.                  * Dictation Equipment 7. Acquire                   * Hiring (recruiting, interviewing, selecting,
                                                   Insurance                                          negotiating terms, etc.)
   A.Articulate your practice vision                  * Commercial Property and General Liability        * Orienting, training, supervising,
   1. Mission / Vision / Values Statement          Insurance                                          evaluating
   2. Target Market Statement                         * Business Auto Coverage                           * Payroll policies
   3. Core Services Statement                         * Professional Liability Insurance                 17. Make Banking, Credit Arrangements
   4. Practice Environment Statement                  * Workers Compensation and Employer’s              * Open trust and general accounts
                                                   Liability                                             * Check into IOLTA requirements
  B.Develop your business plan and                    * Commercial Umbrella Coverage and                 * LOC/ bank or family loan/ overdraft
budget                                             Excess Policies                                       * Office credit cards

                                                                 April/May 2012
                                                                                                                                                         17
   18. Develop Bookkeeping / Accounting                 * Communicating fees and deadlines to               25. Seek Out State Bar Help
Procedures                                           clients                                                * Management Advisors
   * Trust accounting procedures                        *Engagement, nonengagement and                      * Assistance
   *General accounting procedures                    disengagement letters
(timekeeping, disbursements, billing procedures         * Copies to clients policies                        1.Abundance of Redundance Citation
and cycles, accounts receivable, revenue                * Documents packaging policies                      AGAIN!! Go get the whole FREE article
and expenses posting, monthend procedures,              * Phone call return policy                       at (http://www.elpasolaw.com/new_page_17.
payroll)                                                22. Register with Lawyer Referral                htm). Go to the bottom of the webpage and
   19. Develop Financial Information System             23. Announce Your New Practice                   click on Law Practice Management Handout.
   * Aged accounts receivable, aged workin              * To existing clients                            You can then download the PDF article.
progress, monthly cash and credit analysis,             * To lawyers and judges
   monthly budget analysis                              * To potential clients
   * Accounts receivable followup                       * To the public                                    DAVID J. FERRELL is an El Paso attorney
   20. Establish Pricing Policies                       24. Start Marketing                                specializing in probate and criminal law. He also
   * Setting Fees                                       * Open house                                       assists law firms in development of their computer
                                                                                                           trial and law office technology. He serves on the
   * Disbursements recovery policies                    * Yellow pages
                                                                                                           WEB Services Committee of the State Bar of Texas.
   21. Establish Client Relations Policies              * Advertising




             Myer J. Lipson: a lawyer’s lawyer!
                                                 By JudGe    oScar G. GaBaLdón, Jr., cwLS

    “This is the true joy in life - being used for   States Supreme Court and the United States          bar association’s strategic planning committee
a purpose recognized by yourself as a mighty         Court of Appeals (5th Circuit), Lipson has made     “to create the mission, vision, and structure of
one; being thoroughly worn out before you            his mark in our legal community as a truly          the EP Bar Association, which will guide it in
are thrown on the scrap heap; being a force          outstanding “lawyer’s lawyer.”                      the future.”
of nature instead of a feverish selfish little          Lipson is a diehard believer in the importance       Lipson is a recipient of numerous
clod of ailments and grievances complaining          of the El Paso Bar Association, which he            recognitions and honors, including the El
that the world will not devote itself to making      describes as an organization that is “an umbrella   Paso Bar Association 2010-2011 President’s
you happy.” It is this admirable description         organization for all Bar and legal activities in    Award for commitment, dedication, and
of a caring soul, as related to us by the Irish      El Paso County.” Along these lines, Lipson          service to the bar association, Tree of Life
playwright George Bernard Shaw, which                states “I feel strongly that the practice of        Recipient from the Jewish National Fund,
Myer Jack Lipson has tried to live day in and        law is a profession, not merely a business.         Who’s Who in American Law, and the Society
day out. An active member of the El Paso Bar         Unfortunately, the image of our profession          of Fellows Anti-Defamation League, to name
Association board of directors, Lipson brings a      is not stellar. In order to enhance the image       a few. Moreover, Lipson’s involvement with
tremendous amount of exemplary professional          of our profession, as a whole, the El Paso          an array of organizations, such the El Paso
and community service to the bar and the El          Bar has the ability to provide public outreach      Holocaust Museum and Study Center, of which
Paso community in general.                           through service to the community in the form of     he was President, and serving the Alzheimer’s
    After receiving his Bachelor of Business         promoting legal clinics for the underprivileged,    Association as an Advisory Director, among
Administration from the University of Texas at       under served, and military veterans, speakers’      other notable groups, are just a few examples
Austin in 1968, Lipson went on to pursue and         to schools, foster legal programs at UTEP,          of his consistent dedication to the service of
obtain his law degree, in 1972, from the same        and provide other outreach programs to the          others.
first rate university. After about a couple of       community. “                                            Lipson is married to his love, Beth Rubin. A
years serving as an Assistant District Attorney         Lipson believes that “The Bar also promotes      true family man, Lipson deeply cherishes his
for the 34th and 205th Judicial Districts, where     civility and professionalism among the members      children, Shane and Shelby, and adores his three
he prosecuted felony murder and sexual assault       of our legal community. These are important         grandchildren, Marshall, Ross, and Asher. His
crimes, Lipson, together with James “Jim” R.         issues and programs and a part of the reason I      love for his family is paramount; however, he
Dallas, helped form the law firm of Lipson &         belong to the El Paso Bar Association. I enjoy      also deeply cares about his profession. He says,
Dallas, P.C., which eventually grew to a firm        the camaraderie of fellow lawyers, and am           “I tell other lawyers to be proud of belonging to
of eight partners. He states “With retirement,       proud to identify myself as a member of the         a noble profession. You have the opportunity to
and leaving the practice of law for most of          El Paso Bar.” In his role as a board member of      help other people, less fortunate than yourself,
the former shareholders, I am now the sole           the El Paso Bar Association, Lipson has been a      so get involved in organizational work, whether
remaining shareholder.” Licensed to practice         “go getter” in the bar association, taking on all   it is the EP Bar, MABA, TYLA, or any other
before several courts, including the United          sorts of responsibilities, including chairing the   of the specialty bars. Just join, and once you

                                                                   April/May 2012
18
join you will realize the impact you can make       the individuals. To that end, each of us must            OSCAR GABALDÓN is an Associate Judge of the
on your legal profession, and your community.       work for our own improvement and, at the                 65th District Court responsible for overseeing the trial
You will be rewarded in the long run.”              same time, share a general responsibility for            of Child Abuse and Neglect cases. He is certified by
   A man of exalted principles and ideals,          all humanity, our particular duty being to               the National Association of Counsel for Children as a
Lipson embodies the spirit of service. Madame       aid those to whom we think we can be most                Child Welfare Law Specialist (CWLS).
Marie Curie so insightfully states, “You cannot     useful.” Lipson would be the first to agree with
hope to build a better world without improving      this observation.




                                                                                                       2nd Annual
                                                                                         DWI/Drug Court Classic
                                                                                           Golf Tournament
                                                                                 Benefitting the Mountain Star Rehabilitation Foundation Inc.


                                                                                  Saturday, May 5, 2012                Green Fees, carts, drinks,
                                                                                  Registration begins at 11:00         lunch & steak dinner in-
                                                                                  a.m. with 1:00 p.m. Shotgun          cluded

        Steven C. James                                                           Start
                                                                                  Painted Dunes Golf Course
                                                                                  4-person scramble
                                                                                                                       Hole Sponsorships $100.00
                                                                                                                       Tournament Sponsorships
                                                                                                                       $1,000.00
        REsolving DisputEs thRough                                                $75.00 per player                    *Lots of Door Prizes*

         MEDiation oR aRbitRation                                                  For more information call
                                                                                    Jenaro Welsh or Chris
    Board Certified in both Civil Trial Law and                                       Conde at 546-2600.
 Consumer and Commercial Law by the Texas Board                                    Make your checks payable
             of Legal Specialization                                                to MSRF Inc and send
                                                                                   to MSRF, 1002 Magoffin
            521 Texas Ave.El Paso, Texas 79901 (915) 543-3234                      Ave. El Paso, Texas 79901
                (915) 543-3237 – Fax sjamatty@aol.com


                         classifieds                                             Experienced Attorney desires           Modern Westside office space
     Great Opportunity to be part of the biggest Law Firm in the State           office sharing, work overflow,         available for solo practitioner.
     The Office of Attorney General, Child Support Division, has two             arrangement with small or              Contact Jim Martinez at 543-
     vacancies for Managing Attorney positions available in El Paso              medium size law firm. Have             9712
     Texas. The Attorney needs to be licensed in Texas. The position             general practice experience, civil
     requires four years full time legal experience with two years in            litigation, family law, bankruptcy,    Seeking entry-level associate
     the area of Family Law as well as skill in legal writing, mediation,        and federal agency law. If             position. Moving to El Paso
     negotiation and using a computer. The position would entail                 interested, contact Attorney JJ        summer 2012. Licensed in
     managing a Child Support Office as well as performing the duties of         at 915/203-0006.                       Texas and New Mexico. (915)
     a Assistant Attorney General with the child support division. These                                                342-0636
     include reviewing and signing pleadings, responding to private              Central Office Space for
     attorney requests and attending court hearings. Please come join            Lease:                                 Law student looking for
     a highly motivated staff that makes it possible for this Region to be       Office Space available,                summer work/internship
     among the leaders in the State for establishing and enforcing child         receptionist, runner, conference       in any field of law. Able to
     support and medical obligations. Please apply through Work in Texas         rooms, parking, etc. No lease or       work full time or part time.
     at http://www.twc.state.tx.us/jobs/job.html. Physical applications are      deposit required Call Bob Earp         Please contact for resume and
     not accepted.                                                               or Larry Schwartz at 542-1533.         references, (425) 318-9915.



                                                                   April/May 2012
                                                                                                                                                                19


        Law
                                                       If you would like to honor an attorney or a judge please nominate them. Awards will be
                                                       presented at the Law Day Dinner on Saturday, May 5th at the DoubleTree Hotel. Send your
                                                       nominations for Outstanding Young Lawyer, Outstanding Jurist, Outstanding Senior

        Day                                            Lawyer, Outstanding Lawyer, Outstanding Pre-Law Student, and Liberty Bell Award
                                                       to Carlos Quinones, President of El Paso Young Lawyers, carlos.quinonez.law@gmail.com.
                                                       Send your nominations for Professionalism Award, Pro Bono Award, The Honoralbe

       Awards                                          Enrique H. Pena Mediator of the Year Award, Outstanding Federal Attorney and
                                                       Outstanding State Attorney to Nancy Gallego, ngallego.epba@sbcglobal.net or
                                                       nancy@elpasobar.com



OUTSTANDING YOUNG LAWYER:                              OUTSTANDING PRE-LAW STUDENT                              THE HONORABLE ENRIQUE H.
Please consider the following criteria: The            (The Cori A. Harbour Award):                             PEÑA MEDIATOR OF THE YEAR
nominee must be licensed to practice in Texas          Please consider the following criteria:The               AWARD:
and must be 36 years of age or younger, or is          nominee must be a student enrolled in an institute       These awards honor an attorney and a
in his/her first five years of licensure, regardless   of higher learn ing who plans to study law after         nonattorney mediator for their work in
of age, on June 1, 2009. In addition, while all        graduation. In addition, while all outstanding           2009- 2010. Please consider the following
outstanding qualities are considered, particular       qualities are considered, particular attention is        criteria: Effectiveness in mediation,
attention is given to exemplified professional         given to service to the community, service to            allowing all sides to be heard in the
proficiency, service to the profession, and            the profession, academic ability, maturity, and          mediation process, and contribution to
service to the community.                              integrity.                                               promoting use of alternative dispute
                                                       PROFESSIONALISM AWARD:                                   resolution as an alternative to litigation.
OUTSTANDING JURIST:                                    Please consider the following criteria: The nominee      In addition, while all outstanding qualities
Please consider the following criteria: The            must be licensed to practice in Texas. He or she         are considered, particular attention is given
nominee must be currently serving as an                is a person who best exemplifies by conduct and          to exemplified professional proficiency,
active Administrative, Federal or State Judge.         character, truly professional traits that others in      service to the profession, and service to the
;e nominee cannot be standing for election or          the bar seek to emulate. ;e nominee should be an         community.
reelection during the year in which the award          inspiring role model for the bar, respected by his       These awards will be selected by the ADR
is given. In addition, while all outstanding           or her peers, and someone who makes us proud of          Committee of the El Paso Bar Association.
qualities are considered, particular attention is      the legal profession. Nominations can be based on a
given to exemplified professional proficiency,         lifetime, or a specific occurrence of professionalism.   OUTSTANDING FEDERAL
service to the profession, and service to the          In addition, attention is given to service to the        ATTORNEY:
community.                                             profession and service to the community.                 Please consider the following criteria: The
                                                       PRO BONO AWARDS:                                         nominee must be licensed to practice in
OUTSTANDING SENIOR LAWYER:                             These awards honor individuals and law firms             the State of Texas. ;is attorney must work
Please consider the following criteria: The            (large and small) for the volunteer work they do.        in one of the Federal offices. He or she is
nominee must be licensed to practice in Texas.         Please consider the following criteria: Number           a person who best exemplifies by conduct
;e nominee must have practiced law for 30 years        of hours of pro bono work done, as well as, the          and character, truly professional traits that
or be over the age of 60 and have practiced law        volunteer attitude and effect of the nominee´s pro       others in the bar seek to emulate. Please
for 15 years. In addition, while all outstanding       bono work. In addition, attention is given to service    send your nominations to Nancy at the El
qualities are considered, particular attention is      to the profession and service to the community.          Paso Bar Association office.
given to exemplified professional proficiency,         These awards will be selected by the Pro Bono
service to the profession, and service                 Committee of the El Paso Bar Association to              OUTSTANDING STATE ATTORNEY:
to the community.                                      honor those who have given so much to the El Paso        Please consider the following criteria. The
OUTSTANDING LAWYER:                                    community during the 2009-2010 Bar Year.                 nominee must be licensed to practice in
Please consider the following criteria: The            THE LIBERTY BELL AWARD:                                  the State of Texas. ;is attorney must work
nominee must be licensed to practice in Texas.         The award is given to a non-attorney who has             in one of the State offices. He or she is a
The nominee must be aged out of the Young              made a contribution to the legal community.              person who best exemplifies by conduct
Lawyer category (i.e., over 36 years of age                                                                     and character, truly professional traits that
on June 1, 2009), but not yet eligible for the                                                                  others in the bar seek to emulate. Please
Senior Lawyer category. In addition, while all                                                                  send your nominations to Nancy at the El
outstanding qualities are considered, particular       Your nominations are sincerely appreciated               Paso Bar Association office.
attention is given to exemplified professional         and will help us recognize and give credit
proficiency, service to the profession, and            to deserving judges, lawyers and others
service to the community.                              who have made a positive impact on our
                                                       profession and community.



                                                                     April/May 2012
EL PASO BAR ASSOCIATION                                                                     PRESORTED
500 E.San Antonio L-112                                                                      STANDARD
El Paso, Texas 79901                                                                       U. S. POSTAGE
(915) 532-7052                                                                                   PAID
(Address Service Requested)                                                               EL PASO, TEXAS
                                                                                          PERMIT NO. 2516




                             Bruce Koehler, President,
                The Board of Directors of the El Paso Bar Association
                         cordially invite you to the annual


    Law Day Dinner &
    Awards Banquet
                                                              Saturday, May 5, 2012,
                                                               DoubleTree Hotel,
                                                                600 N. El Paso St.
                                                                  Cocktail Hour 6:00 p.m.
                                                                       Dinner 7:00 p.m.
                                                                        Guest Speaker:
                                                                   Texas Supreme Court
                                                                    Justice Eva Guzman
                                                                    Cost is $50 per person
                                                                   We will have entertainment
                                                                    during the Happy Hour
                                                                  There will be a Silent Auction

                                                              RSVP by Wednesday, April 25, 2012
                                                                For questions, contact Nancy at
                                                              nancy@elpasobar.com or 532-7052.



                                    April/May 2012

				
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